LAWS OF OHIO 


‘RELATING TO THE 


| a and Coledo dail and Co. 


23 


~ BILE, COOKE & COMPANY, PRINTERS, SANDUSKY. 


LAWS OF OHIO 


Cleveland and Coledo Aail Road Co. 


BILL, COOKE & COMPANY, PRINTERS, SANDUSKY. 


* woes , 
7 Oty ip etiam 


GENERAL RAIL ROAD LAW. 


AN ACT regulating Rail Road Companies. 
INCORPORATED. 

Sec. 1. Be ¢é enacted by the General Assembly of the State of Ohio, 
That whenever any number of persons, not less than five, shall be named 
as corporators in any act of the General Assembly, and authorized to 
construct a railroad, they and their associates, successors, and assigns, by 
the name and style provided in said act, shall thereafter be deemed a body 
corporate, with succession, with power to sue and be sued, plead and be 
impleaded, defend and be defended, contract and be contracted with, ac- 
quire and convey at pleasure all such real and personal estate as may be 
necessary and convenient to carry into effect the objects of the incorpora- 
tion, to make and use a common seal, and the same to alter, break and 
renew at pleasure, and do all needful acts to carry into effect the object for 
which it was created; and such company shall possess all the powers, and 
be subject to all the rules and restrictions provided by this act, except so 
far as may be modified by the special act incorporating the same. 

AUTHORITY OF CORPORATION. 

>, Sec. 1. Said corporation shall be authorized to construct and ere 
+a railroad, with a single or double track, with such side tracks, turn-outs, 
offices and depots, as they may deem necessary, between the points named 
’ in the special act incorporating the same, commencing at or within, and 
extending to or into any town, city, or village named as the place of be- 
ginning, or terminus of such road, and construct branches from the main 
+, line to other towns, or places within the limits of any county through 
.. Which said road may pass. 


Yon 


* CAPITAL STOCK. 
“”  §xc. 3. The capital stock of such company shall be divided into shares 
© of fifty dollars each, and consist of such sum as may be provided in the 
® special act incorporating the same; such shares shall be regarded as _per- 
sonal property, and shall be subject to execution at law. 
PAYMENTS. 

Src. 4. An installment of five dollars on each share of stock shall be 

> payable at the time of making the subscription, and the residue thereof 


( 45734. 


A 


shall be paid im such installments, and at such times and places, and to 
such person as may be required by the directors of said company. 
DUES ON UNPAID STOCK COLLECTED BY SALE. 

Sec. 5. If any installment of stock shall remain unpaid for sixty days 
after the time it may be required, whether such stock is held by an assignee, 
transferee, or the original subscriber, the same may be collected by an ac- 
tion of debt, with a penalty of five per centum thereon, or the directors 
may sell the stock so unpaid at public auction for the installment, interest 
and penalty then due thereon, first giving thirty days’ public notice of the 
time and place of sale, in some newspaper in general circulation in the 
county where such delinquent stockholder resided at the time of making 
such subscription, or becoming such assignee or transferee, or of his actual 
residence at the time of said sale; or if such stockholder reside out of the 
State, such publication shall be made in the county where the principal 
office of the company is located; and if any residue of money shall remain 
after paying the amount due on said stock, the same shall, on demand, be 
paid over to the owner; if the whole of said installment be not paid by 
such sale, the remainder shall be recoverable by an action of debt against 
the subscriber, assignee or transferee. 

CAPITAL STOCK MAY BE INCREASED, 

Sec. 6. That whenever any railroad company heretofore incorporated, 
or created and incorporated under the provisions of this act shall, in the 
opinion of the directors thereof, require an increased amount of capital 
stock, they shall, if authorized by the holders of a majority of the stock, 
file with the Auditor of State a certificate setting forth the amount of such 
desired increase, which shall not exceed the amount of the original capital 
of said company, and thereafter such company shall be entitled to have 
such increased capital as is fixed by said certificate. 

SUBSCRIPTION BOOKS OPENED; DIRECTORS CHOSEN; NUMBER AND MODE 
OF ELECTION. 

Sxc. 7. ,That the persons named in any special act of incorporation, 
or any five of them, shall be authorized to order books to be opened for 
receiving subscriptions to the capital stock of said company, at such time 
or times, and at such place or places as they may deem expedient, after 
having given at least twenty days’ notice im a newspaper published or 
generally circulated in one or more counties where books of subscription 
are to be opened, of the time and place of opening books; and so soon 
as fifty thousand dollars, or ten per centum. on the capital stock shall be 
subscribed, they may give like notice for a meeting of the stockholders, 
to meet at such time and place as they may designate, for the purpose of 


od 
» 


choosing directors, who shall continue in office until the time fixed for the 
annual election, and until their successors are chosen and qualified; at the 
time and place appointed, seven directors shall be chosen by ballot, by 
such of the stockholders as shall attend for that purpose, either in person 
or by lawful proxies; each share shall entitle the owner to one vote, and 
a plurality of votes shall be necessary for a choice; but after the first 
election of directors, no person shall vote on any share on which any 
installment is due and unpaid. The persons named in such special act, 
or such of them as may be present, shall be inspectors of such election, 
and shall certify what persons are elected directors, and appoint the time 
and place for holding their first meeting; a majority of said directors shall 
form a board, and be competent to fill vacancies in their board, make by- 
laws, and transact all business of the corporation; a new election shall be 
annually held for directors, at such time and place as the stockholders, at 
their first meeting shall determine, or as the by-laws of the corporation 
may require; and the directors chosen at any election shall, so soon there- 
after as may be convenient, choose one of their number to be president, 
and shall appoint a secretary and treasurer of the corporation. The direc- 
tors, before entering on their duties shall each take an oath faithfully to 
discharge his duties, and they shall, from time to time, make such divi- 
dends of the profits of said company, as they may think proper. 
ACT OF INCORPORATION MAY BECOME VOID. 

Sec. 8. If such railroad company shall not be organized within hee 
years from the passage of the special act incorporating the same, and not 
less than ten miles of such road be completed sufficiently for use within 
seven years from the same date, then the act creating the same shall be 
void, 


AUTHORITY OF CORPORATION IN APPROPRIATING LAND, TIMBER AND MATE- 
RIALS; MODE OF PROCEDURE, DAMAGE ASCERTAINED, ASSESSED, AND 
AWARDED. 


Szc. 9. Such corporation is authorized to enter upon any land for the 
purpose of examining and surveying its railroad line, and may appropri- 
ate so much thereof as may be deemed necessary for its railroad, including 
necessary side tracks, depots, work-shops, and water stations, materials for 
construction, except timber, a right of way over adjacent lands, sufficient 
to enable such company to construct and repair its road, and a right to 
conduct water by aqueducts, and the right of making proper drains. The 
corporation shall, forthwith, deposit with the clerk of the Court of Common 
Pleas, or other court of record of the county where the land lies, a de- 
scription of the rights and interests intended to be appropriated, and such 


6 


land, rights and interests shall belong to said company to use for the pur- 
pose specified, on making payment or giving security, as is hereafter pro- 
vided. The corporation may, by its directors, purchase any such lands, 
materials, right of way, or interest, of the owners of such land; or, in 
case the same is owned by a person insane or an infant, at a price to be 
agreed upon by the regularly constituted guardian or parent of such in- 
sane person or infant, if the same shall be approved by the court in which 
the description aforesaid shall be filed; and on such agreement and ap- 
proval, the owner, guardian or parent, as the case may be, shall convey 
the said premises, so purchased in fee simple or otherwise, as the parties 
may agree, to such railroad company, and the deed, when made, shall be 
deemed valid in law. If the corporation shall not agree with the owner 
of the land, or with his guardian, if the owner is incapable of contracting, 
touching the damages sustained by such appropriation, such corporation 
shall deliver to such owner or guardian, if within the county, a copy of 
such instrument of appropriation. If the owner or his guardian, in case 
such owner is incapable of contracting, be unknown, or do not reside within 
the county, such corporation shall publish in some newspaper of general 
circulation in the county, for the term of three weeks, an advertisement 
reciting the substance of such instrument of appropriation; upon filing 
such act of appropriation, and delivery of such copy, or making such 
publication, the Court of Common Pleas or other court of record of the 
county where the land lies, or any judge thereof in vacation, upon appli- 
cation of either party, shall appoimt, by warrant, three disinterested free- 
holders of such county, to appraise the damages which the owner of the 
land may sustain by such appropriation; such appraisers shall be duly 
sworn, they shall consider the benefit as well as injury which such owner 
shall sustain by reason of such railroad, and shall, forthwith, return their 
assessment of damages to the clerk of said court, setting forth the value 
of the property taken, or damage done to the property; the amount of 
benefit conferred, and the difference between the value of, or damage done 
to the property taken, which they assess to such owner or owners sepa- 
rately, to be by him filed and recorded; and thereupon such corporation 
shall pay to said clerk, the amount thus assessed, or secure the payment 
to the satisfaction of such court or of the judge issuing the warrant. And 
on making payment or tender thereof to said clerk, or on giving such 
security as may be required, it shall be lawful for such corporation to hold 
the interests in such lands or materials thus appropriated, and the privil- 


ege of using any materials on said roadway within fifty feet on each side 
of the center of such roadway, for the uses aforesaid, the costs of such 


‘i 
‘ 


award shall be paid by such company; and, on motion, by any party m- 
terested, and showing said proceedings, the court may order payment 
thereof, and enforce such payment by execution. The award of said ar- 
bitrators may be reviewed by the Court of Common Pleas, or other court 
in which proceedings may be had, on written exceptions filed by either 
party in the clerk’s office, within ten days after the filing of such award; 
and the court shall take such order therein as right and justice may 
require, by ordering a new appraisement, on good cause shown: Provided 
that, notwithstanding such appeal, said company may take possession of 
the property described as aforesaid, and the subsequent proceedings on the 
appeal shall only affect the amount of compensation to be allowed; if prior 
to the assessment, the corporation shall tender to such owner or his guar- 
dian, if he be unable to contract, an amount equal to the award afterward 
made, exclusive of costs, the costs of arbitration shall be paid equally by 
such company, and such owner or guardian. 


CHANGES IN LOCATION AND GRADE MADE} CHANGES APPROVED BY BOARD 
OF PUBLIC WORKS. 


Szc. 10. That whenever any railroad company, heretofore incorpora- 
ted, or which may be hereafter. incorporated, shall find it necessary, for 
the purpose of avoiding annoyance to public travel, or dangerous or difhi- 
cult curves or grades, or unsafe or unsubstantial grounds or foundations, 
or for other reasonable causes, to change the location or grade of any 
portions of their road, whether heretofore made or hereafter to be made, 
such railroad companies shall be, and is hereby authorized to make such 
changes of grade and location, not departing from the points and general 
route prescribed in the charter of such company; and, for the purpose of 
making any such change in the location and grade of any such road as 
aforesaid, such company shall have all the rights, powers and privileges, 
to enter upon and take and appropriate such lands, and make surveys 
necessary to effect such changes and grades, upon the same terms and be 
subject to the same obligations, rules and regulations, as are prescribed in 
the ninth section of this act, and shall, also, be able in damages when 
any have been caused by such change to the owner or owners of the lands 
upon which such road was theretofore located to be ascertained and reserved 
as aforesaid; but no damages shall be allowed unless claimed within thirty 
days after actual notice of such intended change shall be given to such 
owner or owners, if residing on the premises, or notice by publication in 
some newspaper in general circulation in the county, if non-resident: Pro- 
vided, however, that no such change of the location of the road be made, 
unless approved by the board of public works; and to enable the board of 


a 


§ 


public works to act understandingly wpori all such subjects, the said board 
of public works be and is hereby directed to appoint, on the application 
of any railroad company desiring such change, a competent engineer of 
the railroad to examine the proposed new route, and report the facts to 
the board of public works; Provided, that nothing contained in this act 
shall be so construed as to give to the Little Miami Railroad Company 
any power to relocate said railroad south of its present location within the 
corporate limits of the town of Fulton, in Hamilton county, unless such 
change shall be approved by the board of public works. 

APPROPRIATION OF 8TREETS AND ROADS. 

Szo. 11. If it shall be necessary in the location of any part of any 
railroad to occupy any road, street, alley or public way or ground of any 
kind, or any part thereof, it shall be competent for the municipal or other 
corporation or public officers, or public authorities, owning or having 
charge thereof, and the railroad company to agree upon the matter, and 
upon the terms and conditions upon which the same may be used or oc- 
cupied; and if said parties shall be unable to agree thereon, and it shall 
be necessary in the judgment of the directors of such railroad company, 
to use or occupy such road, street, alley, or other public way or ground, 
such company may apply to the Court of Common Pleas of the county 
in which the same is situate, setting forth the aforesaid facts, and said 
court shall thereupon appoint. at least three judicious disinterested free- 


holders of the county, who shall proceed to determine whether such occu- 
pation is necessary, and if necessary, the manner and terms upon which 


the same shall be used, and make return of their doings in the premises 
to said court, who shall, if they deem the same just and propér, make the 
necessary order to carry the same into effect, or they may order a review 
of the same, as such court may consider justice and the public’ interest 
require. 

RATES FOR TRANSPORTATION OF PERSONS AND PROPERTY. 

Szc. 12. Such corporation may demand and receive for the transpor- 
tation of passengers on said road, not exceeding three and one-half cents 
per mile, and for the transportation of property not exceeding five cents 
per ton per mile, when the same are transported a distance of thirty miles 
or more; and in case the same are transported for a less’ distance than 
thirty miles, such reasonable rate as may be from time to time fixed’ by 
said company, at any time after the expiration of ten years from the time 
any such road may be put in operation, it shall be lawful for the General 
Assembly to prescribe the rates to be charged for the transportation of 
persons or property upon said road, should they be deemed too high, and 


9 


tilay exercise the samié power ten years thereafter; Provided, that no re- 
ductict shall be made, ithless the net profits of the company, on an aver- 
age idf the pteviotis ten years, shall amount to a sum equal to ten pet 
centum jer antium upon its capital, and then not so as to reduce the fu- 
ture probable }rofits below the said per centum. 

POWER TO BORROW MONEY. 

‘Szc. 13. Suicli company shall have power to borrow monéy ott the 
credit of the corporation, not exceeding its authorized capital stock, at a 
rate of interest not exceeding seven per cent. per annum, and may exe- 
cute bonds or promissory notes therefor, and to secure the payment there- 
of may pledge the property and income of such company; Provided, 
that the value and security of any liens, mortgage, or the stock held in or 
against such company, by the State, or the city of Cincinnati, shall not 
thereby be injured or otherwise impaired. 

MAY ACQUIRE AND HOLD LAND. 

Sec: 14. Such company may acquire by purchase or gift, any lands 
in the vicinity of said road or through which the same may pass, so faras 
may be deemed convenient or necessary by said company to secure the 
right of way, or such as may be granted to aid in the construction of such 
road or be given by way of subscription to the capital stock, and the same 
to hold or convey in such manner as the directors may prescribe; and all 
deeds and conveyances made by such compaiy shall be signed by the 
president, under the seal of the corporation; and any existing railroad cor- 
poration tiay accept the provisions of this section, the five preceding sec- 
tions of this act, or either of them, and after such acceptance, all conflict- 
ing provisions of their respective charters shall be null and void. 


STREAMS MAY BE DIVERTED. 

Src. 15. It shall be lawful for such corporation, whenever it may be 
necessary in the construction of such road, to cross any road or stream of 
water, or to divert the same from its present location or bed; but said 
corporation shall, without unnecessary delay, place such road or stream in 
such condition as not to impair its former usefulness. 


OFFICES FOR BUSINESS ESTABLISHED AND CHANGED. 

Src. 16. Stich corporation shall, as soon as convenient after its organ- 
ization, establish a principal Office at some point on the line of its road, 
and change thé same at pleasure, giving public notice in some newspaper 
of such establishment or change; and all process against said company, 
shall be served on the president or secretary, or by leaving a copy at the 
principal office of the corporation. 


10 


TAXATION} RIGHTS RESERVED TO THE GENERAL ASSEMBLY. 

Sec. 17. The right is hereby reserved to the General Assembly, to 
provide for taxing such companies by any other mode than that now au- 
thorized by the provisions of the act levying taxes on all property of the 
State according to its true value; but not so as to require any such com- 
pany, or the stockholders thereof, on account of the stock owned by them, 
to pay any greater rate of taxes for the time being, than the general aver- 
age of taxation for all purposes on other property of equal value in those 
counties through which such road may pass, or within the limits of which 
the same be located; and any existing railroad company may accept the 
provisions of this section, and thereafter be liable to taxation, as provided 
by the act levying taxes aforesaid, subject to the nght of the General As- 
sembly, herein reserved; and provided, also, that any existing railroad 
company accepting any of the provisions of this act, shall thereafter be 
subject to the taxation herein provided, subject to the right herein reserv- 


ed. 


INDEX-BOARDS. 

Src. 18. Every company organized under this act, shall be required 
to erect at all points where their road shall cross any public road, at a 
sufficient elevation from such public road, to admit of the free passage of 
vehicles of every kind, a sign with large and distinct letters placed thereon, 
to give notice of the proximity of the railroad, and warn persons of the 
necessity of looking out for the cars; and any company neglecting’ or re- 
fusing to erect such sign, shall be liable in damages for all injuries occur- 
ring to persons or property from such neglect or refusal. 

| DISPUTES AS TO MAIL CARRYING ADJUSTED. 

Sec. 19. That if, at any time, any dispute shall arise between any 
company incorporated under this act, and the Postmaster General, as to 
the price of transporting the mails, the Governor shall have power to ad- 
just the same by arbitration; but nothing contained herein shall be so 
construed as to interfere with the right of such company to fix the times 
of arrival and departure of their trains, or to change any general regula- 
tion of the company. 

REPORTS. 

Sec. 20. That each and every railroad company incorporated under 
this act shall, annually, in the month of January, make a full report of the 
condition of its affairs to the Auditor of State, showing the amount of the 
capital stock of such company, the gross amount of tolls or receipts during 
the previous year, the cost of repairs and incidental expenses, the net 
amount of profits, and the dividends made; with such other facts as may 


11 


be necessary to a full statement of the affairs and condition of such road, 
and the auditor shall, annually, present an abstract copy of such report to 
the General Assembly. 

WIDTH OF TRACK. 

Src. 21. The width of the track or gauge of all roads under this act, 
shall be four feet ten inches between the rails. 

DECLARING DIVIDENDS. 

Sxc. 22. It shall be lawful for the directors of any railroad company, 
semi-annually, to compute, allow, and pay to its stockholders, interest at 
the rate of six per centum on all moneys theretofore paid as capital stock, 
to be set apart and paid in stock or cash, as the directors may determine: 
Provided, that they shall not allow or pay any interest in cash to stock- 
holders, while any debt of such railroad company for labor or materials 
shall be due and unpaid; and provided, further, that the capital stock 
shall, in no case, be reduced by such payment of interest, and any railroad 
company may establish a principal office, in the manner and for the pur- 
pose named in the sixteenth section of this act. 

Passed February 11, 1848. 


AMENDMENT TO GENERAL LAW. 


AN AOT further to amend an act regulating Rail Road Companies, passed February 11, 1848, 
and for other purposes. 


Suc. 1. Be it enacted by the General Assembly of the State of Ohio, 
In case of any vacancy, by death, resignation, or any other cause, in any 
board of directors of any railroad company, plank road company, or turn- 
pike road company, incorporated by the General Assembly of this State, 
if in the act or acts incorporating such company no provision is made for 
power to fill such vacancy, it shall be lawful for the remaining directors to 
appoint a director to fill such vacancy, and the person so appointed shall 
be a director of such company, until the next succeeding stated election, 
and until his successor shall be elected and qualified. 

Passed March 13, 1849. 


12 
TRANSFER BOOKS. 
AN ACT authorizing Railroad Companies to open Transfer Books in other States. 

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, 
That the directors of any railroad company, incorporated by the General 
Assembly of the State of Ohio, whenever they shall deem it expedient 
for the interest or convenience of such railroad company, may, and they 
are hereby authorized to open transfer books in any of the States of the 
United States, for the purpose of transferring stock which may be pur- 
chased or held by persons out of this State, and they are hereby author- 
ized to employ suitable agents or agent to keep such transfer books, whose - 
acts, done under the authority of this act, shall be binding on the said 
railroad company. 

Passed March 21, 1850, 


CONSOLIDATION. 
AN ACT relating to Railroad Companies. 
CONTINUOUS LINES OF RAILROADS MAY CONSOLIDATE. 

Szo. 1. Be it enacted by the General Assembly of the State of Ohio; 
That whenever the lines of railroad ef any railroad companies in this 
State, or any portion of such lines have been or may be constructed, so as 
to adimit the passage of burden or passenger cars over any two or more of 
such roads continuously, without break or interruption, such companies are 


hereby authorized to consolidate themselves into a single corporation in 
the manner following: 


I. The directors of said two or mere corporations may enter into an 
agreement under the corporate seal of each, for the consolidation of the 
said two or more corporations, prescribing the terms and conditions there~ 
of; the mode of carrying the same into effect; the name of the new cor- 
porations; the number of directors thereof, which shall not exceed thir- 
teen; the time and place of holding the first election of directors; the 
number of shares of capital stock in the new corporation; the amount of 
each share; the manner of converting the shares of capital stock in each 
of said two or more corporations into shares in such new corporation; 
the manner of compensating stockholders in each of said two or more 
corporations who refuse to convert their stock into the stock of such new 
corporation, with such other details as they shall deem necessary to per- 
fect such consolidation of said corporations. And such new corporation 
shall possess all the powers, rights and franchises conferred upon such 
said two or more corporations by the several acts incorporating the same, 
or relating thereto respectively, and shall be subject to all the restrictions 
and perform all the duties imposed by such acts, so far as the same may 
be consistent with the provisions of this act; Provided, That all stock- 
holders in either of such corporations who shall refuse to convert their 
stock into the stock of such new corporation shall be paid at least par 
value for each of the shares so held by them, if they shall so require. pre- 
vious to said consolidation being consummated. 

II. Such agreement of the directors shall not be deemed to be the 
agreement of the said two or more corporations, until after it has been 


14 


submitted to the stockholders of each of said corporations separately at a 
meeting thereof; to be called upon a notice of at least thirty days, speci- 
fying the time and place of such meeting, and the object thereof, to be 
addressed to each of such stockholders, when their place of residence is 
known, and deposited in the post office, and published for at least three 
successive weeks in one newspaper in at least one of the cities or towns 
in which each of said corporations has its principal office of business, and 
has been sanctioned by such stockholders by the vote of at least two- 
thirds in amount of the stockholders present at such meeting, voting by 
ballot, in regard to such agreement, either in person or by proxy, each 
share of capital stock being entitled to one vote; and when such agree- 
ment of the directors has been so sanctioned by each of the meetings of 
the stockholders separately, after being submitted to such meetings in the 
manner above-mentioned, then such agreement of the directors shall be 
deemed to be the agreement of the said two or more corporations. 
CERTIFICATES OF CONSOLIDATION FILED. 

Szc. 2. Upon making the agreement mentioned in the preceding 
section, in the manner required therein, and filing a duplicate or counter- 
part thereof in the office of the Secretary of State, the said two or more 
corporations mentioned or referred to in the said first section, shall be 
merged in the new corporation provided for in such agreement, to be 
known by the corporate name therein mentioned; and the details of such 
agreement shall be carried into effect as provided therein. 


RIGHTS, FRANCHISES, ETC., TRANSFERRED TO, AND VESTED IN, NEW CORPO- 
RATION. 


Src. 3. Upon the election of the first board of directors of the cor- 
poration created by the agreement in the first section of this act mention- 
ed; and by the provisions of this act, all and singular the rights and 
franchises of each and all of said two or more corporations, parties to 
such agreement, all and singular their nghts and interests, in and to every 
species of property, real, personal and mixed, and things in action, shall 
be deemed to be transferred to and vested in such new corporation, with- 
out any other deed or transfer; and such new corporation shall hold and 
enjoy the same, together with the right of way, and all other rights of 
property, in the same manner, and to the same extent, as if the said two 
or more corporations, parties to such agreement should have continued to 
retain the title, and transact the business of such corporations; and the 
titles and the real estate acquired by either of said two or more corpora- 
tions, shall not be deemed to revert or be impaired by means of anything 
in this act contained; Provided, That all rights of creditors, and all liens 


15 


upon the property of either of said corporations, parties to said agreement, 
shall be and hereby are preserved unimpaired ; and the respective corpora- 
tions shall continue to exist so far as may be necessary to enforce the 
same; And provided further, that all the debts, liabilities and duties of 
either company shall thenceforth attach to such new corporation, and be 
enforced from the same to the same extent, and in the same manner, as 
if such debts, liabilities and duties had been originally incurred by it. 


RAILROAD COMPANIES MAY AJ ANY TIME AID EACH OTHER WITH A VIEW 
OF CONSOLIDATING. 


Serco. 4. Any railroad company heretofore or hereafter incorporated 
may, at any time, by means of subscription to the capital stock of any 
other company, or otherwise, aid such company in the construction of its 
railroad, for the purpose of forming a connection of said last mentioned 
road with the road owned by the company furnishing said aid; or any 
railroad company organized in pursuance of law, may lease or purchase 
any part or all of any railroad constructed by any other company, if said 
company’s lines of road: are continuous or connected as aforesaid, upon 
such terms and conditions as may be agreed on between said companies 
respectively ; or any two or more railroad companies whose lines are so 
connected, may enter into any arrangement for their common benefit, 
consistent with and calculated to promote the objects for which they were 
created; Provided, That no such aid shall be furnished, nor any such pur- 
chase, lease or arrangement perfected, until a meeting of the stockholders 
of each of said companies shall have been called by the directors thereof, 
at such time and place, and in such manner as they shall designate, and 
the holders of at least two-thirds of the stock of such company represent- 
ed at such meeting in person or by proxy, and voting thereat, shall have 
assented thereto. 

HOW CONTRACTS BETWEEN COMPANIES MAY BE ENFORCED. 

Szc. 5. All contracts between railroad companies, under the provi- 
sions of this act, may be enforced by a decree of the Supreme Court, in 
a suit in Chancery brought for that purpose; and any two judges of said 
court, in vacation, may, after hearing, make'any provisional order or decree 
in such suit, which may be necessary to enforce such contracts, to be 
force until the next session of said court in the proper county. 

DIRECTORS MAY NEGOCIATE BONDS. 

Szo. 6. The directors of any railroad company are hereby authorized 

to sell or negotiate the bonds or notes issued by said company, or received 


by it in payment of subscription to its capital stock or otherwise, at such 
_ times and at such places, either within or without this State, and at such 


16 


rates as in their opinion will best advance the interests of such company $ 
and if such bonds or notes are thus sold at a discount, such sale shall be 
as valid in every respect as if sold at their par value. 

Passed March 3, 1851. 


SALE OF BONDS. 


AN ACT relating to the sale of Bonds of Railroad Companies, and to increase the number of 
Directors. 


DIRECTORS MAY SELL THE BONDS, NOTES, ETC., OF THE COMPANY, SALES 
AT A DISCOUNT VALID. 


Sze: 1. Be tt enacted by the General Assembly of the State of Ohio, 
That the directors of any railroad company, authorized to borrow money 
and to execute bonds or promissory notes therefor, shall be, and they are 
hereby authorized to sell, negotiate, mortgage or pledge such bonds or 
notes, as well as any notes, bonds, scrip, or certificates, for the payment of 
money or property which such company may have heretofore received, or 
shall hereafter receive, as donations, or in payment of subscriptions to the 
capital stock, or for other dues of such company, at such times, and in such 
places, either within or without the State, and at such rates and for such 
prices as in the opinion of said directors will best advance the interests of 
such company; and if such notes or bonds are thus sold at a discount, 
such sale shall be as valid in every respect and such securities as binding 
for the respective amounts thereof, as if they were sold at their par value. 

DIRECTORS NOT TO PURCHASE STOCK, ETC., AT LESS THAN PAR VALUE. 

Szc. 2. No director of any railroad company shall, either directly or 
indirectly, purchase any shares of the capital stock, or any of the bonds, 
notes, or other securities, of any railroad company of which he may bea 
director, for less than the par value thereof; and all such stocks, bonds 
and notes, or other securities, that may be purchased by any such director 
for less than the’ par value thereof, shall be null and void. 

COMPANIES MAY INCREASE THE NUMBER OF DIRECTORS. 

Sxc. 3. That any railroad company heretofore incorporated or which 
may be hereafter incorporated, im this State, shall be and is hereby au- 
thorized, by a vote of a majority of the stock of such company, to increase 
the number of directors provided for in the charter of such company to 
any number not greater than thirteen; and the increased number of direc- 
tors thus created shall have the same powers and perform’ the same duties 
as may be provided for in the charter of such company. 

Passed December 15, 1852. 


| ‘3 
CHANGE OF GAUGE. 
AN act authorizing Railroad Oompanies to change their gauge, or width of track, in ceriain 


Cases. 


Src. 1. Be it enacted by the Géneral Assembly of the State of Ohio, 
That each railroad company now existing, or that may be hereafter formed 


in this State, shall be required to make every railroad constructed or con- 
trolled by said company, of one uniform gauge or width of track from 
end to end. And whenever either of the roads aforesaid, shall connect 
with or cross any other road or roads, the companies owning or control- 
ling each or either of said roads, may adopt such uniform gauge or width 
of track as will enable each of said companies to pass the same cars over 
each of said roads respectively. 
Passed March 24, 1852. 


MORTGAGES. 


AN ACT to regulate Railroad Mortgages. 
RAILROAD COMPANIES MAY EXECUTE MORTGAGES, 


Suc. 1. Be tt enacted by the General Assembly of the State of Ohio, 
That in all cases where any railroad company organized or hereafter to be 


organized, under any law of this State, or owning any real and personal 
estate therein, which has by virtue of any special provisions in its charter, 
of the act “regulating railroads,” passed February 11, 1848, or of the act 
“to provide for the creation and regulation of incorporated companies in 
the State of Ohio,” passed May 1, 1852, authority to borrow money, and 
to secure the payment thereof, to pledge the property and income of such 
company, every such company may execute a deed of mortgage, or other 
instrument in writing, for the purpose of securing the payment of the loan 
of money so made, or the notes, bonds, or other evidences of indebtedness 
that may be so issued by said company therefor, which said mortgage 
may include the personal as well as the real property of said company. 
EVIDENCE OF DEBT WHEN RECORDED. 3 

Sxc. 2. That in all cases where a mortgage has been or may hereafter 
be executed upon any portion of the personal and real property of any 
railroad company within this State, by the proper officers of the same, to 
secure the payment of any loans of money, or advances of material or labor 
made to said company, it shall be held to be a sufficient record of the 
same, to have the same recorded in the office of the recorder of deeds, in 
each of the counties:in which said real or personal property may be situ- 


18 


ated or employed, and said mortgage so recorded, shall be held to be a 
good and substantial lien from the date of the record of the same in each 
county where the same is recorded, as well upon the personal, as the real 
property of said company. 

Passed March 9, 1853. 


INCREASE OF STOCK. 


AN ACT authorizing Bailroad Companies to issue bonds and increase their capital stock in 
certain oases. 


Sec. 1. Be tt enacted by the General Assembly of the State of Ohio, 
That any railroad company heretofore or that may hereafter be incorpo- 
rated under the laws of this State, contemplating the laying of a double 
track, may issue its bonds, convertible or otherwise, bearing any rate of 
interest not exceeding seven per centum per annum, to an amount not 
exceeding half of its capital stock, and sell the same at such times and at 
such places within or without this State, and at such rates as the directors 
of such company may deem best for its interests; and if such bonds are 
sold at a discount, they shall be as valid in every respect as if sold at their 
par value, and such company may secure such bonds by a mortgage on 
its property or otherwise, and may at its option increase its capital stock 
in an amount equal to the bonds issued as aforesaid. 

Passed March 11, 1853. 


JUNCTION RAILROAD CHARTER. 
AN AOT to incorporate the Junction Railroad Company. 

Sec. 1. Be a enacted by the General Assembly of the State of Ohio, 
That Heman Ely, Artemas Beebe, Eber W. Hubbard, Seymour W. 
Baldwin, Albert A. Bliss, Horace A. Kendall, of the county of Lorain; 
Benjamin Benson, George G. Baker, Platt Benedict, and Frederick 8. 
Chapman, of the county of Huron; John Fuller, George W. Choate, D. 
Hamilton, Foster M. Follett, and Burr Higgins, of the county of Erie, 
R. P. Buckland, Jesse S. Olmstead, of the county of Sandusky, and those 
who may hereafter become stockholders, in the manner hereinafter pre- 
scribed, their successors and assigns, be and they are hereby created a body 
corporate, by the name and style of the Junction Railroad Company, with 
perpetual succession and by that name and style shall be, and hereby are 
made capable, in law, to have, purchase, receive, possess, sell, convey and 
enjoy real and personal estate, and retain to them, their successors and 
assigns, all such lands, tenements and hereditaments as shall be requisite 
and actually necessary, for their accommodation and convenience in the 
transaction of their business; to sue and be sued; implead and be im- 
pleaded, answer and be answered unto, defend and be defended, in courts 
of record and elsewhere; and, also, to have and use a common seal, and 
the same to alter, break, renew or change at pleasure. 

Sxc. 2. The said corporation are hereby vested with the right and 
authority to construct a railroad, commencing at such point on the Cleve- 
land, Columbus and Cincinnati railroad as the directors may select, either 
in the county of Cuyahoga or Lorain, and within 30 miles from Cleve- 
land; thence to Elyria, in Lorain county, unless the junction with the 
Cleveland and Columbus road should be made at Elyria; and from thence, 
on the most feasible route to intersect the Mad River and Lake Erie rail- 
road at Bellevue, or at such other point as the directors shall choose, and 
thence to Lower Sandusky, in Sandusky county ; and the said corporation 
shall have power to construct the said railroad, or a branch of the same, 
from Elyria to Sandusky City, in Erie county, and from thence to Lower 
Sandusky ; and, also, if the directors of said company, and the directors 
of the Cleveland, Columbus, and Cincinnati railroad company, cannot 


20 


agree upon the terms of junction with said Cleveland, Columbus, and Cin- 
cinnati railroad company, then, in that case, the railroad shall commence 
at the city of Cleveland, Cuyahoga county; or the directors of the respec- 
tive companies may agree that the terms of a junction between the two 
companies may be decided by the supreme court. 


Sec. 3. That the capital stock of said company shall be one million 
of dollars, and shall be divided into shares of fifty dollars each, 


Src. 4. That the above named persons, or any ten of them, are au- 
thorized to open books for receiving subscriptions to the capital stock of 
said corporation, to be opened at such time or times, and at such place or 
places, as they may deem expedient, under the direction of not less than 
three of the persons named as aforesaid, having given not less than ten 
days’ previous notice in a newspaper published in the county where books 
of subscription are to be opened, of the time and place of opening said 
books; and as soon as twenty thousand dollars of said stock shall be sub- 
scribed, they may give a like notice for the meeting of stockholders to 
meet at such time and place as they may designate, to choose directors, to 
continue in office for the term of one year, and until others are duly ap- 
pointed in their stead. At the time and place appointed, thirteen direc- 
tors shall be chosen, by ballot, by such of the stockholders as shall attend 
for that purpose, either in person or lawful proxies; each share of the cap- 
ital stock shall entitle the owner to one vote; the persons named in the 
first section of this act, or such of them as may be present, shall be inspec- 
tors of such election, and shall certify, under their hands, what persons 
are elected directors, and appoint the time and place for holding the first 
meeting of directors ; seven directors shall form a board, and be competent 
to transact all business of the corporation; a new election of directors shall 
be made annually, at such time and place as the stockholders, at their first 
meeting, shall appoint, or as the laws of the corporation may require; and 
the directors chosen at any election shall, as soon thereafter as may be 
convenient, choose out of their number one person to be president, and 
one to be treasurer of the corporation. 

Szc. 5. That upon every subscription there shall be paid, at the time 
of subscribing, to the person authorized to open said books, the sum of 
five dollars upon every share subscribed, or the same may be secured to 
be paid when called for by the directors, at the option of the person re- 
ceiving such subscriptions, and the residue thereof shall be paid in such 
installments, and at such times as may be required by the president and 
directors of said company to the treasurer thereof; and the said company 


21 


are authorized to take and receive from such persons as shall purchase 
such stock, such bonds or notes for the residue of the purchase money of 
said stock as they may think expedient. 


Sec. 6. That if the said railroad company shall not be organized 
within five years from the date of the passage of this law, and not less 
than twenty miles of the road~be completed within ten years from the 
commencement of the work, then this act shall be null and void. 


Sec. 7. That the directors shall have power to determine the number 
and kind of tracks, turnouts, branches, carriages, conveyances, storehouses 
depots, and other fixtures and machinery: prescribe the mode of .trans- 
portation, and have power to construct a single or double track railroad. 

Sec. 8. That said company shall have a right to enter upon any land 
to survey and lay down said road, and to take any materials, except timber, 
upon the condition hereafter specified, necessary for the construction or re- 
_ pair of said work ; and whenever any lands or materials shall be taken for the 
construction of said work, and the same shall not be given or granted to 
said company, and the owners thereof do not agree with said company as 
to the compensation to be paid therefor, or in case the owner or owners 
are under any disability to contract or are absent from the state, applica- 
tion may be made by the said company to any judge of the court of com- 
mon pleas of the county in which such lands or materials may be, and 
thereupon it shall be the duty of said judge to issue his warrant to the 
sheriff of said county, commanding him to summon three disinterested 
freeholders to arbitrate upon the compensation to be awarded to such per- 
son or persons, who shall be sworn and paid as in other cases; and they, 
or a majority of them, shall award as arbitrators between the two parties, 
and render copies of their award to each of the parties, in writing, from 
which award either party may appeal to the court of common pleas for 
the county in which such land or materials may have been situated; and 
in all cases where compensation shall in any manner be claimed, it shall 
be the duty of arbitrators and the court to estimate and set off any advan- 
tage which the location and construction of said road may be to the claim- 
ant; and said company shall have the right to retain, own, hold and pos- 
sess said materials, upon first paying or tendering to the owner or owners 
thereof a reasonable compensation in money, for the same, and to the use 
and occupation of said lands, as fully and absolutely as if the same had 
been granted and conveyed to said company by deed: Provided, that be- 
fore the said company shall enter upon any land for the purpose of con- 
structing the said road, they shall pay or secure to the owner of such land, 


29 


payment for the same, as may be awarded by the provisions of this sec- 
‘tion. 

Sec. 9. That if it shall be necessary, in the selection of the route or 
construction of the road, to connect the same with, or to use any road, 
street or bridge made or erected by any company or persons incorporated 
or authorized by any law of this state, it shall be lawful for the said com- 
pany, and it is hereby authorized to contract and agree with any such 
other corporation or person for the nght to use such road, street or bridge, 
or for the transfer of any of the corporate or other rights and privileges 
of such corporation or persons, to the said president and directors of this 
corporation; and all such other corporations or persons incorporated by, 
or acting under the laws of this state, are hereby authorized to make such 
an agreement, contract or transfer by and through the agency of their cor- 
porate officers, or by such persons as, by any law of this state, are intrust- 
ed with the direction and management of such road, street or bridge; and 
every contract to transfer, made in pursuance of the authority hereby 
granted, when executed by the several parties, under their respective corpor- 
ate seals, or otherwise legally authenticated, shall vest in this corporation all 
the rights and privileges vested in said corporation or persons, as shall be 
specified in the contract and agreement above referred to. 

Sec. 10. Whenever it shall be necessary, for the construction of the 
railroad, to intersect or cross any stream of water or watercourse, or any 
railroad or highway, lying im or across the route of said road, it shall be 
lawful for the corporation to construct the said railway across or upon the 
same; but the corporation shall restore the stream or watercourse, road or 
highway, thus intersected, to its former state, or place it in such condition 
as not to impair its former usefulness; and if said corporation, after having 
selected a route for said railway, find any obstacle in continuing said lo- 
cation, either by the difficulty of construction or procuring the right of 
way at a reasonable cost, or whenever a better and cheaper route can be 
had, it shall have authority to vary the route and change the location. 

Sec. 11. That said corporation may demand and receive from all 
persons travelling upon said road, or for the transportation of property, 
such rates of toll as the corporation may think reasonable, which rates 
they shall have posted up in some public place at each of the depots. 

Sec. 12. That, at the regular annual meeting of the stockholders of 
said company, it shall be the duty of the president and directors, in of- 
fice for the previous year, to exhibit a clear and distinct statement of the 
affairs of the company; and the president and directors shall, annually or 


23 
semi-annually, declare and make a true dividend of the nett profits arising 
from the revenues of the company, deducting the necessary current and 
probable contingent expenses, aad that they shall divide the same among 
the stockholders of said company, in proportion to their respective shares. 


Ssc. 18. That every president, director, treasurer and secretary of said 
company, before he acts as such, shall swear or affirm, as the case may 
be, that he will well and truly discharge the duties of his said office, to 
the best of his skill and judgment; and the arbitrators, authorized by the 
eighth section of this act, before they proceed to estimate damages, shall, 
severally, take an oath or affirmation faithfully, impartially, and honestly 
to discharge their duty; and the said appraisers shall, severally, receive 
for their services one dollar per day for every day they may necessarily 
be employed, which shall' be paid by said corporation. 

Szc. 14. The said president and directors, or a majority of them, may 
appoint all such officers, engineers, agents, or servants, whatsoever, as they 
may deem necessary for the transaction of the business of the company, 
and may remove any of them at their pleasure; that they, or a majority 
of them, shall have the power to determine, by contract, the compensation 
of the engineers, officers, agents, or servants, in the employ of said com- 
pany, and to determine, by their by-laws, the manner of adjusting and 
settling all accounts against the said company, and also the manner and 
evidence of transfers of stock in said company; and they, or a majority of 
them, shall have power to pass by-laws which they may deem necessary 
or proper, for exercising all the powers vested in the company hereby in- 
corporated, and for carrying the objects of this act into effect: Provided, 
only, that such by-laws shall not be contrary to the laws of this State or 
of the’ United States. 


Szo. 15. Thatif any person shall, wilfully, by any means whatsoever 
injure, impair, or destroy any part of said railroad constructed by said 
company under this act, or any of the necessary works, buildings, cars or 
machinery of the said company, such person or persons, so offending, 
shall, each of them, for every such offence, forfeit and pay to the said 
company, by an action of debt, with costs of suit, in any court having 
cognizance thereof, and shall also be subject to an indictment in the court 
of common pleas of the county where such offence may be committed, 
and, upon conviction of such offence, shall be punished by fine, not ex- . 
ceeding five hundred dollars, and imprisonment in the jail of said county 
not exceeding ten days. 


Szc. 16. That said corporation shall have power to locate and con- 


24 


struct branched roads from the main route, to other towns or places 1a the 
several counties through which said road may pass. | 

Sec. 17. That this company may, and they are hereby authorized to 
commence; complete, and put in operation, any part of said road, or any 
branch thereof, aforesaid, at any point on the route of said railroad, which 
the interests of the company may require to be first commenced and com- 
pleted; and that the said company may demand and receive the same 
rate of toll and transportation, and all the benefits that would accrue to 
each division so commenced and completed, as fully as if the entire work 
were commenced, completed, and put in operation, as aforesaid. 


Sec. 18. If the installments remain unpaid for sixty days after thé 
time of payment has elapsed, the directors, in the name of the company, 
may collect the same by suit, or may sell the stock at public auction for 
the installments then due, giving twénty days notice ’of the timé and place 
of sale, by advertisement in some newspaper of general circulation in the 
county where such sale is to be made, and the residue of the money aris- 
ing from such sale, after paying such installments and costs, shall be paid 
over to the former owner. 

Src. 19. That it shall be the duty of the directors to keep open books 
of subscription at the office of the company, until the number of shares 
authorized by this act shall be subscribed. 


Sec. 20. That said company shall not contract debts or liabilities to a 
greater amount than the stock subscribed and held by responsible stock- 
holders, remaining unexpended, together with the means on hand, and that 
which may be reasonably expected to acertie within three years from the 
time of making such contract, unless, at the time of making such contract, 
the party contracting with said company be informed of such want of 
means on the part of such company, and, by agreement in writing, specify 
the time and manner in which such debt shall be paid. 

Src. 21. The governor shall have the power to prescribe what price 
may be charged by said company for the transportation of the public 
mails of the United States, and of the troops and munitions of war be- 
longing to this State and to the United States, should the board of publie 
works, at any time, entertain the opinion that the prices charged therefor 
by such company are unreasonably high; but such power shall not extend 
so far as to control the time or times of the arrival and departure of the 
cars on said road, or in any other manner interfere with the regulations 
of such company. | | 

Suc. 22, After the lapse of ten years from the completion of. said 


95 
toad, the State shall have the power to reduce the tolls upon said road 
should they be unreasonably high, and exercise the same power at inter- 
vals of every ten years thereafter. 

Src. 23. At any time after ten years from the completion of said 
railroad, the said company shall be liable to pay to the State, upon such 
property transported on said road through the line, during the season of 
éanal navigation in this State, as the board of public works, by whatever 
designation it may be known, shall be of the opinion would have been 
transported on the Ohio Canal but for the existence of said road, such 
tolls as shall be equal to one-half the tolls charged by the State, at the 
time, on like property transported on the Ohio Canal. 

Suc. 24. If the company shall be dissatisfied with the opinion of the 
board of public works, as to the amount of property which, but for the 
said road, Would have been transported on the Ohio Canal, they may re- 
view the same by instituting proceedings in the supreme court of Franklin 
county, as in chancery, making the state and the board of public works 
parties thereto; and the said court may make such orders and, decrees 
therein as they shall deem proper to accomplish the objects of the section 
next above. | 

Passed March 2, 1846. 


AMENDMENT TO JUNCTION CHARTER. 


AN ACT to amend the act to incorporate the Junction Railroad Company, passed March 2, 1846. 

Suc. 1. Be tt enacted by the General Assembly of the State of Ohio, 
That the Junction Railroad Company is hereby authorized to extend its 
line of railroad to some point on the Maumee river, with the privilege of 
transporting goods and passengers transported on the road of said com- 
pany, across said river, by a ferry, or otherwise, as the directors. thereof 
shall elect, to the city of Toledo: Provided that said company shall in no 
wise obstruct or hinder the navigation of said river. And the capital 
stock of said company is increased to three millions of dollars. 

Szc. 2. That the counties, townships, cities and incorporated towns 
through which said railroad may be located, are hereby authorized to 
subscribe to the stock of said railroad, in the manner and on the condi- 
tions: hereinafter prescribed: Provided, the amount subscribed by each of 
said counties shall not exceed the sum of one hundred thousand dollars; 
Provided, nevertheless, that nothing in this act shall be’so construed as to 
include the county of Lorain, or any township or incorporated city o¥ 


26 


town in said county: and the amount subscribed by each township shall 
not exceed five per cent. of the value of the taxable property of such 
township, on the tax duplicate of the year 1850. 


Sec. 8. No subscription shall be made by any such county, until a 
vote shall have been had in favor of such subscription, in the manner 
pointed out in the act regulating the mode of proceeding where county 
commissioners are authorized by law to subscribe to the capital stock of 
railroads, turnpike roads and other incorporated companies in this State, 
passed February twenty-eight, one thousand eight hundred and forty-six. 
But the vote in that behalf may be taken either at any annual election or 
at any special election holden for that purpose, at the call of the commis- 
sioners of the proper county, upon twenty days notice. 


Sec. 4. Before the subscription of any township, city or incorporated 
town shall be made, the expediency thereof shall be submitted to a vote 
of the electors of such township, city or incorporated town, where a vote 
may be taken, either at any annual election or at a special election to be 
held for that purpose. In either case, the trustees or proper municipal 
authorities shall give notice at least ten days previous to such election, by 
posting in five of the most public places in such township, town or city: 
and the qualified voters voting at such election shall vote by ballot, “ For 
subscription,” or “ Against subscription ;” and the result shall be certified 
by the judges of election to the county auditor, and filed by him. In 
ease a majority of the votes given, shall be favorable to subscription, the 
trustees of the proper township, or the presiding officer of the proper 
municipal authority, shall subscribe the amount voted for. 


Sze. 5. For the payment of such subscription, the proper commis- 
sioners, and trustees, and municipal authorities are authorized to borrow 
any sum of money, at a rate of interest not exceeding seven per cent., 
payable semi-annually, in advance, either in the city of New York or 
elsewhere; and may make negotiable bonds, or such other evidences of 
debt as are necessary and proper to secure the payment of the same, and 
shall annually levy and collect by tax such money as, together with divi- 
dend and property said stock, will pay the said debt and interest, as the 
same shall become due, and all incidental charges. 


Szo. 6. All taxes which shall be levied under the foregoing section, 
shall be certified by the respective commissioners, and trustees, and muni- 
cipal authorities, to the county auditor of the proper county, and by him 
shall be placed on the county duplicate, and assessed and collected like 
state and county and township taxes, upon the property liable to pay the 


20 


same; and when collected, shall be paid over by the county treasurer, on 
the order of the proper authorities, to the persons entitled to the same. 

Sec. 7. Whenever any bonds, orders, or any other evidences of in- 
debtedness, or the interest thereon, shall remain unpaid after they become 
due, it shall be lawful for the creditor holding such bond or other evidence 
of indebtedness, to apply to the auditor of the proper county, and on filing 
such obligation with him, he shall assess against the property liable to pay 
such arrear a tax to the amount necessary to pay the arrear and costs, and 
shall enter the same upon the county duplicate, to be collected in the 
manner of State and county taxes. 

Szc. 8. The provisions of the act passed January 31, 1850, respect- 
ing the sale of the bonds of the Columbus and Lake Erie Railroad Com- 
pany, and of the Central Railroad Company, shall apply to the said Junc- 
tion Railroad Company, and to such bonds as shall be issued by virtue of 
this act; and the issuing of said “Railroad Company’s” bonds, and of 
said other bonds, shall be taken as evidence in all courts of law and equity, 
that all preliminary conditions have been complied with. 

Passed January 22, 1851. 


SECOND AMENDMENT. 


AN ACT farther to amend the act incorporating the Junction Railroad Company. 

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, 
That the Junction Railroad be and it is hereby authorized to extend and 
construct its road by such route as the directors thereof shall determine, 
to the west line of this State, subject to all the provisions and with all the 
privileges contained in the act to which this is an amendment, and the 
acts amendatory thereto. 

Passed March 21, 1851. 


TN. & C. RR. CHARTER. 
AN ACT to incorporate the Toledo, Norwalk and Cleveland Rail Road Compariy. 

Sec. 1. Bett enacted by the General Assembly of the State of Ohia, 
‘That Timothy Baker, Charles L. Boult, John R. Osborn, George G. Baker 
John Gardner and James Hamilton, jr, of the county of Huron, Frede- 
rick Chapman, L. Q. Rawson, L. B. Otis, H. Everett, A. B. Taylor, R. 
P. Buckland, of the county of Sandusky, and Hezekiah D. Mason, Ed- 
ward Bissel, Daniel QO. Morton, J. W. Bradbury and John Fitch, of the 
county of Lucas, and their associates, successors and assigns, be, and they 
are hereby created a body corporate and politic, by the name and style of 
the Toledo, Norwalk and Cleveland Rail Road Company, with perpetual, 
succession, and by that name and style shail be entitled to have and enjoy, 
and are hereby invested with all the rights, privileges and franchises, and 
be subject to all the restrictions of the act entitled an act regulating rail- 
road companies, passed February 11, 1848, and the act amendatory 
thereto, except so far as the same may be modified by this act. 

Sec. 2. The capital stock of said company shall be two millions of 
dollars, and said company shall have power to construct a rail road from 
Toledo, in the county of Lucas, by the way of Norwalk, in Huron county, 
so as to connect with the Cleveland, Columbus and Cincinnati Rail Road, 
at, Wellington, in Lorain county, or at some other point in said counties of 
Huron and Lorain, to be determined by the directors of said company. 

Sec. 8. The county commissioners of any county through which said 
rail road may (in whole or in part) be located, shall be, and they are hereby 
authorized to subscribe to the capital stock of said company any sum of 
money not exceeding one hundred thousand dollars; and to pay the same 
they shall have power to borrow any sum not exceeding the amount so 
subscribed, at any rate of interest not exceeding seven per cent. per an- 
num, payable semi-annually, in advance, and for the final payment of the 
principal and interest. of said sum so subscribed or borrowed, to make, 
execute and deliver such bonds, notes, and instruments of writing, as may 
be necessary or proper to secure the payment of the money so subscribed 
q@ borrowed, and levy and collect annually, such taxes, together with the 
profits, dividends or tolls arismg from said stock, will pay, at such time or 


20) 
dimes as may be agreed upon, said money so subscribed or borrowed, witli 
ithe interest thereon, and the incidental charges. 

Szc. 4. No subscription shall be made by the county commissioners 
of any,county aforesaid, until a vote of the qualified voters of such county 
has been had in favor of such subscription in the manner pointed out in 
an act regulating the mode of proceeding where county commissioners 
may be authorized by law to subscribe to the capital stock of rail roads, 
sturnpike roads, or other incorporated companies in this State, passed Feb- 
ruary twenty-eight, eighteen hundred and forty-six. 

Szc. 5. Said compary shall be and is hereby authorized to connect: 
with any other rail road company, and to consolidate its capital stock with 
the capital stock of any such company, and to have and use the name 
_and style of any such other company, and constitute a part of the same. 

Passed March 7, 1850. 


AMENDMENT TO T.N. & C. CHARTER. 


AN ACT to amend the act entitled An act to incorporate the Toledo, Norwalk and Cleveland 
Railroad Company, passed March 7, 1850. 


Sec. 1. Be et enacted by the General Assembly of the State of Ohio, 
‘That the Toledo, Norwalk and Cleveland Railroad Company is hereby 
authorized to connect their road with the Cleveland, Columbus and Cin- 
cinnati Railroad, at any point upon the same, in the counties of Huron, 
Lorain or Cuyahoga, and shall have power to extend their road to the 
city of Cleveland, with or without making such connection, either by 
agreement with the Cleveland, Columbus and Cincinnati Railroad com- 
pany, along their line, or by an independent line; Provided, that the 
making such connection or extension, in either mode above specified, 
shall not preclude said company from afterwards adopting the other, 
whenever the directors shall so determine. And said company is hereby 
authorized to lease their road to any other railroad company with which 
it may connect, or having a common terminus with it; and shall also have 
power to alter the guage of their road so as to conform to that of any 
other railroad having such common terminus, or may become the lessee 
of any such railroad, or any portion thereof of its depots, stations, or other 
railroad accommodations; and said company is authorized to transport its 
passengers and freight across any navigable river on the line of its road, 
by a ferry or otherwise; Provided, said company shall not thereby ob- 
struct or hinder the navigation of such river. 


30 


Sac. 2. The commissioners of Sandusky county are authorized to 
subscribe to the capital stock of said company, in behalf of said county, 
excepting the townships of Townsend and Woodville, any sum not ex- 
ceeding the sum of seventy-five thousand dollars. And the eommission- 
ers of Huron county are also authorized to subscribe to said stock, for and. 
in behalf of the five townships which comprise the north range in said 
county jointly, any sum not exceeding fifty thousand dollars, the sum to 
be so subscribed to be stated in the notices of election herein provided 
for, and for the purpose of providing for the payment of said stock, and 
the interest upon the securities that may be issued for the same, the said 
commissioners, respectively, shall have the like powers as are granted, and 
perform the like duties as are contemplated in the 3d and 4th sections of 
the act to which this is an amendment. 


Sec. 3. The vote of the qualified electors of Sandusky county, with 
the exceptions above mentioned, and of the said five townships compris- 
ing the north range in Huron county, in reference to such subscription, 
may be taken at any annual spring or fall election, upon twenty days no- 
tice to be given for that purpose, in the manner provided in the act pas- 
sed February 28th, A. D., 1846, referred to in the 4th section of the act 
to which this is an amendment; and said election shall be held and con- 
ducted in like manner as election for State and county officers, and the 
judges shall make return of the same to the clerk of the proper county in 
the same way, and within like time as the votes for State and county 
officers are required to be returned, and the said clerk shall forthwith 
certify the result of the same to the Auditor of his county. 


Szc. 4. In case a majority of the votes so cast shall be in favor of such 
subscription, the commissioners of the proper county shall subscribe to 
said company the amount of stock so voted, and to pay the same may is- 
sue their bonds to said company, as hereinafter provided, or may, and 
they are hereby empowered to borrow money, not exceeding in amount 
the sum so subscribed, at a rate of interest not exceeding seven per cent. 
per annum, payable semi-annually in advance, in the city of New York, 
upon the credit of the portions of said counties respectively, so authoriz- 
ing such subscription. And for the final payment of the principal and 
interest of said sum so subscribed or borrowed, to make, execute, and de- 
liver such bonds, notes, and instruments in writing as may be necessary 
or proper to secure the payment of the money so subscribed or borrowed, 
and to levy annually upon said portions of said counties, and collect 
through the treasurer of the proper county, such taxes as, together with 


31 


the profits, dividends or tolls arising from said stock, will pay, at suck” 
time or times as may be agreed upon, said money so subscribed or bor- 
rowed, with the interest thereon, and the incidental expenses and charges. 


Src. 5. The commissioners of said counties, respectively, shall be the’ 
trustees of said stock, with power to’sell the same upon a majority vote 
therefor of the portions of said counties interested therein; atid to create a 
sinking fund for the final payment of the bonds that may be issued there- 
for out of the dividends or profits that may accrue therefrom; and said 
stock shall in equity belong to the several townships on the credit of 
which the same may be subscribed, in proportion to the amount of the 
taxable property in such townships, for the year 1850, and all moneys 
collected by taxation for incidental charges, and the payment of the inter-- 
est or principal of any bonds that may be issued, and all profits and divi- 
dends upon said: stock, shall be paid to said commissioners, to be by them: 
disbursed to the parties or persons entitled thereto, or to be invested as in 
this section contemplated. 


Szc. 6. The trustees of any township in or through which said rail- 
road is authorized to be constructed, are hereby authorized: and required, 
with the consent of the electors in said township, to be obtained as here- 
in provided, to subscribe to the capital stock of said company any sum 
not less than two, nor more than five per cent., upon the taxable property 
of such township, as the same appears upon'the duplicate of the county 
in which such township is situate, for the year 1850, the sum to be so’ 
subscribed to be stated in the notices to be given of the election. 


Sec. 7. No subscription shall be made as aforesaid, without the as- 
sent of the electors of such township to be obtained as follows: the trus- 
tees of such township shall give at least ten days notice previous’ to 
any annual election in such townships, that a vote will be taken at 
such election on the question of making such subscription, which notice’ 
shall be posted in five of the most public places in such township, and the’ 
qualified voters of such township shall vote by ballot “for subscription,”. 
or “against subscription.” 


Sgc. 8. The judges of the election in such township, within two days’ 
from holding the same, shall transmit certified returns of said vote to the 
Auditor of the proper county, and if it shall appear that a majority of 
said yotes shall be in favor of such subscription, the same shall be made’ 
as aforesaid, by said trustees, in behalf of said townships. 


Sec. 9. For the payment of such subscriptions, the trustees of such 
township shall have power to borrow any sum of money not exceeding 


yes 
a2 


the amount so subscribed, at a rate of interest not exceeding seven per 
cent., payable semi-annually, in the city of New York, in advance, and’ 
for the final payment of such subscription or loan, may make and deliver’ 
such bonds, orders or other evidences of indebtedness, as may be neces- 
sary and proper to secure the payment of such subscription or loan, and’ 
shall levy and collect annually such taxes as, together with the dividends” 
and profits arising from said stock, will pay, at such time or times as may 
be agreed upon, the full amount of such subscription’ or loan, with the’ 
interest thereon, and incidental charges. 


Src. 10. All taxes.to be levied by said trustees, under this act, shall 
be by them certified to the Auditor of the county, and by him be’placed 
on the county duplicate, and assessed against the proper township, in the 
same manner as State and county taxes, and shall be collected by the 
county treasurer in the same manne? as such taxes, and by said treasurer 
shall be paid out on the order of said trustees of the townships entitled to 
the same, for the purposes in the last section mentioned, and for no other. 


Seo. 11. Whenever the bonds, orders or other evidences of indebted- 
ness, issued by any township under this act, or the interest thereon shall 
not be promptly paid when due, the county Auditor of the proper county, 
upon the application of any creditor to whom the arrears of such princi- 
pal or interest shall be due, shall assess the amount of the same upon 
such township, and place the same upon the county duplicate to be col- 
lected by the county treasurer, with the other taxes assessed upon such 
township. 


Szc. 12. Incase said company shall connect with and consolidate 
its stock with any other railroad company, as provided in the 5th section 
of the act to which this is an amendment, said companies, when so con- 
solidated, may assume the corporate name and style of the Cleveland and 
Toledo Railroad company, or of either of the original companies, as may 
be mutually agreed upon by the boards of directors; and in the event of 
such consolidation, the affairs of such consolidated company so to be con- 
stituted, till the time of the next annual election thereafter, of the Toledo,’ 
Norwalk and Cleveland Railroad company, shall be managed by an exe- 
cutive committee of three persons to be appointed by the respective 
boards of directors; and afterwards the affairs of such consolidated com- 
pany shall be managed by a board of seven directors, to be elected and 
qualified in the manner provided in the act to which this is an amend- 
ment. And all the provisions of this act, in respect to subscriptions of 
stock and otherwise, shall apply to such company so to be constituted, in 


33 


the like manner and to the like extent as the same were intended to, and 
would apply to the Toledo, Norwalk and Cleveland Railroad company. 
And in case the railroad company with which the Toledo, Norwalk and 
Cleveland Railroad company shall consolidate its stock, shall be the Junc- 
tion Railroad company, incorporated by an act of the Legislature, passed 
March 2d, 1846, sections 9, 10, 11, 15 and 17, of the act last aforesaid, 
shall continue to be, and form a part of the law by which said consolida- 
ted company shall be governed, but in other respects said consolidated 
company shall be governed by the laws applicable to the Toledo, Norwalk 
and Cleveland Railroad company, and the acts amendatory thereto; and 
in case of consolidation with said Junction Railroad company, as afore- 
said, the consolidated cnompany, may, and they are hereby authorized, 
if the directors so determine, to construct two roads for any portion of the 
distance between Toledo and Cleveland, uniting the lines at such points 
on the route as the directors of said consolidated company may determine 
upon, and in that case the foregoing provisions shall apply to both di- 
verging’ lines, as well as to the common line. 

Szc. 13. ‘The provisions of the act passed January 31, 1850, respect- 
ing the sale of the bonds of the Columbus and Lake Erie Railroad com- 
pany, and of the Central Ohio Railroad company, are hereby extended to 
the bonds ot the Toledo, Norwalk and Cleveland Railroad company, and 
to those of any other railroad company that may consolidate its stock 
therewith, or to those of the company that may be formed by such con- 
solidation, and to any bonds that may be issued by virtue of this act; and 
the issuing of said company’s bonds, and of such bonds as may be issued 
by virtue of this act, shall be taken as evidence in all courts of law and 
equity, that all preliminary conditions have been complied with. 

Src. 14. Jurisdiction is hereby conferred upon the supreme court to 
enforce by decree any agreement of consolidation, or for leasing, or for 
other accommodations made between any companies as contemplated in 
this act. 

Passed January 20, 1851. 


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